A Board of Appeals is hereby established in accordance with
provisions of the Village Law applicable thereto.
The Board of Appeals shall consist of five members appointed
by the Village Board, each to serve for a term of five years, except
that, of the members first appointed, one shall hold office for a
term of one year, one for a term of two years, one for a term of three
years and one for a term of four years. The Chairman shall be designated
by the Village Board.
Such Board of Appeals shall, consistent with the Village Law
and this chapter, determine its own rules and procedure, and all its
deliberations, resolutions and orders shall be in accordance therewith;
provided, however, that all hearings shall be public and that the
Board shall keep complete minutes of its proceedings, showing its
findings and reasons for its decisions, and said minutes shall be
a public record.
The Board of Appeals shall have the power to review any order
or decision of the Building Inspector in case of alleged error or
misinterpretation of the provisions of this chapter.
The Board of Appeals may, in accordance with law and the provisions
of this chapter and subject to appropriate conditions and safeguards,
determine and vary the application of the regulations of this chapter
in harmony with their general purposes and intent in the following
cases:
A.Â
Wherever it is provided in this chapter that the approval of the
Board of Appeals is required.
B.Â
Where temporary and conditional permits, for not more than two years,
for structures and uses in contravention of the requirements of this
chapter are requested in undeveloped sections of the Village, provided
that such uses are important to the development of such undeveloped
sections, and also provided that such uses are not prejudicial to
adjoining and neighboring sections already developed.
C.Â
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of this chapter; provided,
however, that the hardship suffered must be unique, applying to the
premises in question but not applying generally to other premises
in the same district. It must not be self-created by any person having
an interest in the property, or the result of mere disregard for or
ignorance of the provisions of this chapter. Any relief granted shall
be only that reasonably required to effect substantial justice, shall
not be arbitrary or discriminatory and shall be granted with due consideration
for its effect on the ultimate development of the district, in accordance
with the Zoning Map.
